22 U.S.C. § 7622 — Participation in the Global Fund to Fight

Page 1979 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7622 (Pub. L. 108–447, div. D, title V, § 525(b), Dec. 8, 2004, 118 Stat. 3000.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Oper- ations, Export Financing, and Related Programs Ap- propriations Act, 2005, and also as part of the Consoli- dated Appropriations Act, 2005, and not as part of the United States Leadership Against HIV/AIDS, Tuber- culosis, and Malaria Act of 2003 which comprises this chapter. SUBCHAPTER II—SUPPORT FOR MULTILAT- ERAL FUNDS, PROGRAMS, AND PUBLIC- PRIVATE PARTNERSHIPS § 7621. Sense of Congress on public-private part- nerships (a) Findings Congress makes the following findings: (1) Innovative partnerships between govern- ments and organizations in the private sector (including foundations, universities, corpora- tions, faith-based and community-based orga- nizations, and other nongovernmental organi- zations) have proliferated in recent years, par- ticularly in the area of health. (2) Public-private sector partnerships mul- tiply local and international capacities to strengthen the delivery of health services in developing countries and to accelerate re- search for vaccines and other pharmaceutical products that are essential to combat infec- tious diseases decimating the populations of these countries. (3) These partnerships maximize the unique capabilities of each sector while combining fi- nancial and other resources, scientific knowl- edge, and expertise toward common goals which neither the public nor the private sector can achieve alone. (4) Sustaining existing public-private part- nerships and building new ones are critical to the success of the international community’s efforts to combat HIV/AIDS and other infec- tious diseases around the globe. (b) Sense of Congress It is the sense of Congress that— (1) the sustainment and promotion of public- private partnerships should be a priority ele- ment of the strategy pursued by the United States to combat the HIV/AIDS pandemic and other global health crises; and (2) the United States should systematically track the evolution of these partnerships and work with others in the public and private sec- tor to profile and build upon those models that are most effective. (Pub. L. 108–25, title II, § 201, May 27, 2003, 117 Stat. 723.) § 7622. Participation in the Global Fund to Fight AIDS, Tuberculosis and Malaria (a) Findings; sense of Congress (1) Findings Congress makes the following findings: (A) The establishment of the Global Fund in January 2002 is consistent with the gen- eral principles for an international AIDS trust fund first outlined by Congress in the Global AIDS and Tuberculosis Relief Act of 2000 (Public Law 106–264) [22 U.S.C. 6801 et seq.]. (B) The Global Fund is an innovative fi- nancing mechanism which— (i) has made progress in many areas in combating HIV/AIDS, tuberculosis, and malaria; and (ii) represents the multilateral compo- nent of this chapter, extending United States efforts to more than 130 countries around the world. (C) The Global Fund and United States bi- lateral assistance programs— (i) are demonstrating increasingly effec- tive coordination, with each possessing certain comparative advantages in the fight against HIV/AIDS, tuberculosis, and malaria; and (ii) often work most effectively in con- cert with each other. (D) The United States Government— (i) is the largest supporter of the Global Fund in terms of resources and technical support; (ii) made the founding contribution to the Global Fund; and (iii) is fully committed to the success of the Global Fund as a multilateral public- private partnership. (2) Sense of Congress It is the sense of Congress that— (A) transparency and accountability are crucial to the long-term success and viabil- ity of the Global Fund; (B) the Global Fund has made significant progress toward addressing concerns raised by the Government Accountability Office by— (i) improving risk assessment and risk management capabilities; (ii) providing clearer guidance for and oversight of Local Fund Agents; and (iii) strengthening the Office of the In- spector General for the Global Fund; (C) the provision of sufficient resources and authority to the Office of the Inspector General for the Global Fund to ensure that office has the staff and independence nec- essary to carry out its mandate will be a measure of the commitment of the Global Fund to transparency and accountability; (D) regular, publicly published financial, programmatic, and reporting audits of the Fund, its grantees, and Local Fund Agents are also important benchmarks of trans- parency; (E) the Global Fund should establish and maintain a system to track— (i) the amount of funds disbursed to each subrecipient on the grant’s fiscal cycle; and (ii) the distribution of resources, by grant and principal recipient, for preven- tion, care, treatment, drug and commodity purchases, and other purposes; (F) relevant national authorities in recipi- ent countries should exempt from duties and Page 1980 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7622 1 So in original. 2 See References in Text note below. taxes all products financed by Global Fund grants and procured by any principal recipi- ent or subrecipient for the purpose of car- rying out such grants; (G) the Global Fund, UNAIDS, and the Global AIDS Coordinator should work to- gether to standardize program indicators wherever possible; (H) for purposes of evaluating total amounts of funds contributed to the Global Fund under subsection (d)(4)(A)(i), the time- table for evaluations of contributions from sources other than the United States should take into account the fiscal calendars of other major contributors; and (I) the Global Fund should not support ac- tivities involving the ‘‘Affordable Medicines Facility-Malaria’’ or similar entities pend- ing compelling evidence of success from pilot programs as evaluated by the Coordi- nator of United States Government Activi- ties to Combat Malaria Globally. (b) Authority for United States participation (1) United States participation The United States is hereby authorized to participate in the Global Fund. (2) Privileges and immunities The Global Fund shall be considered a public international organization for purposes of sec- tion 288 of this title. (3) Statement of policy The United States Government regards the imposition by recipient countries of taxes or tariffs on goods or services provided by the Global Fund, which are supported through public and private donations, including the substantial contribution of the American peo- ple, as inappropriate and inconsistent with standards of good governance. The Global AIDS Coordinator or other representatives of the United States Government shall work with the Global Fund to dissuade governments from imposing such duties, tariffs, or taxes. (c) Reports to Congress Not later than 1 year after May 27, 2003, and annually thereafter for the duration of the Glob- al Fund, the President shall submit to the ap- propriate congressional committees a report on the Global Fund, including contributions pledged to, contributions (including donations from the private sector) received by, and projects funded by the Global Fund, and the mechanisms established for transparency and accountability in the grant-making process. (d) United States financial participation (1) Authorization of appropriations In addition to any other funds authorized to be appropriated for bilateral or multilateral HIV/AIDS, tuberculosis, or malaria programs, of the amounts authorized to be appropriated under section 7671 of this title, there are au- thorized to be appropriated to the President up to $2,000,000,000 for fiscal year 2009,,1 and such sums as may be necessary for each of the fiscal years 2010 through 2013, for contribu- tions to the Global Fund. (2) Availability of funds Amounts appropriated under paragraph (1) are authorized to remain available until ex- pended. (3) Reprogramming of fiscal year 2001 funds Funds made available for fiscal year 2001 under section 141 of the Global AIDS and Tu- berculosis Relief Act of 2000 [22 U.S.C. 6841]— (A) are authorized to remain available until expended; and (B) shall be transferred to, merged with, and made available for the same purposes as, funds made available for fiscal years 2004 through 2008 under paragraph (1). (4) Limitation (A)(i) At any time during fiscal years 2004 through March 25 of fiscal year 2025, no United States contribution to the Global Fund may cause the total amount of United States Gov- ernment contributions to the Global Fund to exceed 33 percent of the total amount of funds contributed to the Global Fund from all sources. Contributions to the Global Fund from the International Bank for Reconstruc- tion and Development and the International Monetary Fund shall not be considered in de- termining compliance with this paragraph. (ii) If, at any time during any of the fiscal years 2009 through March 25 of fiscal year 2025, the President determines that the Global Fund has provided assistance to a country, the government of which the Secretary of State has determined, for purposes of section 4605(j)(1) 2 of title 50, has repeatedly provided support for acts of international terrorism, then the United States shall withhold from its contribution for the next fiscal year an amount equal to the amount expended by the Fund to the government of each such country. (iii) If at any time the President determines that the expenses of the Governing, Adminis- trative, and Advisory Bodies (including the Partnership Forum, the Foundation Board, the Secretariat, and the Technical Review Board) of the Global Fund exceed 10 percent of the total expenditures of the Fund for any 2- year period, the United States shall withhold from its contribution for the next fiscal year an amount equal the to the average annual amount expended by the Fund for such 2-year period for the expenses of the Governing, Ad- ministrative, and Advisory Bodies in excess of 10 percent of the total expenditures of the Fund. (iv) The President may waive the applica- tion of clause (iii) if the President determines that extraordinary circumstances warrant such a waiver. No waiver under this clause may be for any period that exceeds 1 year. (v) If, at any time during any of the fiscal years 2004 through 2008, the President deter- mines that the salary of any individual em- ployed by the Global Fund exceeds the salary of the Vice President of the United States (as determined under section 104 of title 3) for Page 1981 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7622 that fiscal year, then the United States shall withhold from its contribution for the next fiscal year an amount equal to the aggregate amount by which the salary of each such indi- vidual exceeds the salary of the Vice President of the United States. (B)(i) Any amount made available that is withheld by reason of subparagraph (A)(i) shall be contributed to the Global Fund as soon as practicable, subject to subparagraph (A)(i), after additional contributions to the Global Fund are made from other sources. (ii) Any amount made available that is with- held by reason of clause (ii) or (iii) of subpara- graph (A) is authorized to be made available to carry out section 2151b–2 of this title or sec- tion 2151b–3 or 2151b–4 of this title. Amounts made available under the preceding sentence are in addition to amounts appropriated pur- suant to the authorization of appropriations under section 7671 of this title. (iii) Notwithstanding clause (i), after July 31 of each of the fiscal years 2009 through 2024 and March 25 of fiscal year 2025, any amount made available that is withheld by reason of subparagraph (A)(i) is authorized to be made available to carry out sections 2151b–2, 2151b–3, and 2151b–4 of this title. (C)(i) The President may suspend the appli- cation of subparagraph (A) with respect to a fiscal year if the President determines that an international health emergency threatens the national security interests of the United States. (ii) The President shall notify the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on Foreign Relations of the Senate not less than 5 days before making a determination under clause (i) with respect to the application of subpara- graph (A)(i) and shall include in the notifica- tion— (I) a justification as to why increased United States Government contributions to the Global Fund is preferable to increased United States assistance to combat HIV/ AIDS, tuberculosis, and malaria on a bilat- eral basis; and (II) an explanation as to why other govern- ment donors to the Global Fund are unable to provide adequate contributions to the Fund. (5) Withholding funds Notwithstanding any other provision of this chapter, 20 percent of the amounts appro- priated pursuant to this chapter for a con- tribution to support the Global Fund for each of the fiscal years 2010 through 2024 and for fis- cal year 2025 through March 25 of such fiscal year shall be withheld from obligation to the Global Fund until the Secretary of State cer- tifies to the appropriate congressional com- mittees that the Global Fund— (A) has established an evaluation frame- work for the performance of Local Fund Agents (referred to in this paragraph as ‘‘LFAs’’); (B) is undertaking a systematic assess- ment of the performance of LFAs; (C) has adopted, and is implementing, a policy to publish on a publicly available Web site in an open, machine readable format— (i) grant performance reviews; (ii) all reports of the Inspector General of the Global Fund, in a manner that is consistent with the Policy for Disclosure of Reports of the Inspector General, ap- proved at the 16th Meeting of the Board of the Global Fund; (iii) decision points of the Board of the Global Fund; (iv) reports from Board committees to the Board; and (v) a regular collection, analysis, and re- porting of performance data and funding of grants of the Global Fund, which covers all principal recipients and all subrecipients on the fiscal cycle of each grant, and in- cludes the distribution of resources, by grant and principal recipient and sub- recipient, for prevention, care, treatment, drugs, and commodities purchase, and other purposes as practicable; (D) is maintaining an independent, well- staffed Office of the Inspector General that— (i) reports directly to the Board of the Global Fund; and (ii) compiles regular, publicly published audits, in an open, machine readable for- mat, of financial, programmatic, and re- porting aspects of the Global Fund, its grantees, and LFAs; (E) has established, and is reporting pub- licly, in an open, machine readable format, on, standard indicators for all program areas; (F) has established a methodology to track and is publicly reporting on— (i) all subrecipients and the amount of funds disbursed to each subrecipient on the grant’s fiscal cycle; (ii) all principal recipients and subrecipi- ents and the amount of funds disbursed to each principal recipient and subrecipient on the fiscal cycle of the grant; (iii) expenditure data— (I) tracked by principal recipients and subrecipients by program area, where practicable, prevention, care, and treat- ment and reported in a format that al- lows comparison with other funding streams in each country; or (II) if such expenditure data is not available, outlay or disbursement data, and an explanation of progress made to- ward providing such expenditure data; and (iv) high-quality grant performance eval- uations measuring inputs, outputs, and outcomes, as appropriate, with the goal of achieving outcome reporting; (G) has published an annual report on a publicly available Web site in an open, ma- chine readable format, that includes— (i) a list of all countries imposing import duties and internal taxes on any goods or services financed by the Global Fund; (ii) a description of the types of goods or services on which the import duties and in- ternal taxes are levied; (iii) the total cost of the import duties and internal taxes; Page 1982 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7622 (iv) recovered import duties or internal taxes; and (v) the status of country status-agree- ments; (H) through its Secretariat, has taken meaningful steps to prevent national au- thorities in recipient countries from impos- ing taxes or tariffs on goods or services pro- vided by the Fund; (I) is maintaining its status as a financing institution focused on programs directly re- lated to HIV/AIDS, malaria, and tuber- culosis; (J) is maintaining and making progress on— (i) sustaining its multisectoral approach, through country coordinating mecha- nisms; and (ii) the implementation of grants, as re- flected in the proportion of resources allo- cated to different sectors, including gov- ernments, civil society, and faith- and community-based organizations; and (K) has established procedures providing access by the Office of Inspector General of the Department of State and Broadcasting Board of Governors, as cognizant Inspector General, and the Inspector General of the Health and Human Services and the Inspec- tor General of the United States Agency for International Development, to Global Fund financial data, and other information rel- evant to United States contributions (as de- termined by the Inspector General in con- sultation with the Global AIDS Coordi- nator). (6) Summaries of Board decisions and United States positions Following each meeting of the Board of the Global Fund, the Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall report on the public website of the Coordinator a summary of Board decisions and how the United States Government voted and its positions on such decisions. (e) Interagency technical review panel (1) Establishment The Coordinator of United States Govern- ment Activities to Combat HIV/AIDS Glob- ally, established in section 2651a(f)(1) of this title, shall establish in the executive branch an interagency technical review panel. (2) Duties The interagency technical review panel shall serve as a ‘‘shadow’’ panel to the Global Fund by— (A) periodically reviewing all proposals re- ceived by the Global Fund; and (B) providing guidance to the United States persons who are representatives on the panels, committees, and boards of the Global Fund, on the technical efficacy, suit- ability, and appropriateness of the pro- posals, and ensuring that such persons are fully informed of technical inadequacies or other aspects of the proposals that are in- consistent with the purposes of this chapter or any other Act relating to the provision of foreign assistance in the area of AIDS. (3) Membership The interagency technical review panel shall consist of qualified medical and development experts who are officers or employees of the Department of Health and Human Services, the Department of State, and the United States Agency for International Development. (4) Chair The Coordinator referred to in paragraph (1) shall chair the interagency technical review panel. (f) Monitoring by Comptroller General (1) Monitoring The Comptroller General shall monitor and evaluate projects funded by the Global Fund. (2) Report The Comptroller General shall on a biennial basis shall prepare and submit to the appro- priate congressional committees a report that contains the results of the monitoring and evaluation described in paragraph (1) for the preceding 2-year period. (g) Provision of information to Congress The Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall make available to the Congress the following documents within 30 days of a request by the Congress for such documents: (1) All financial and accounting statements for the Global Fund and the Activities to Com- bat HIV/AIDS Globally Fund, including ad- ministrative and grantee statements. (2) Reports provided to the Global Fund and the Activities to Combat HIV/AIDS Globally Fund by organizations contracted to audit re- cipients of funds. (3) Project proposals submitted by appli- cants for funding from the Global Fund and the Activities to Combat HIV/AIDS Globally Fund, but which were not funded. (4) Progress reports submitted to the Global Fund and the Activities to Combat HIV/AIDS Globally Fund by grantees. (h) Sense of the Congress regarding encourage- ment of private contributions to the Global Fund It is the sense of the Congress that the Presi- dent should— (1) conduct an outreach campaign that is de- signed to— (A) inform the public of the existence of— (i) the Global Fund; and (ii) any entity that will accept private contributions intended for use by the Glob- al Fund; and (B) encourage private contributions to the Global Fund; and (2) encourage private contributions intended for use by the Global Fund by— (A) establishing and operating an Internet website, and publishing information about the website; and (B) making public service announcements on radio and television. (Pub. L. 108–25, title II, § 202, May 27, 2003, 117 Stat. 724; Pub. L. 108–199, div. D, title V, § 595(1), Page 1983 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7622 (2), Jan. 23, 2004, 118 Stat. 209; Pub. L. 110–293, title II, § 202, July 30, 2008, 122 Stat. 2936; Pub. L. 113–56, § 4, Dec. 2, 2013, 127 Stat. 649; Pub. L. 115–305, § 3, Dec. 11, 2018, 132 Stat. 4402; Pub. L. 118–47, div. F, title VII, § 7072(b), Mar. 23, 2024, 138 Stat. 853.) Editorial Notes REFERENCES IN TEXT The Global AIDS and Tuberculosis Relief Act of 2000, referred to in subsec. (a)(1)(A), is Pub. L. 106–264, Aug. 19, 2000, 114 Stat. 748, which is classified principally to chapter 76 (§ 6801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. This chapter, referred to in subsecs. (a)(1)(B)(ii), (d)(5), and (e)(2)(B), was in the original a reference to this Act, meaning Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. Section 4605(j)(1) of title 50, referred to in subsec. (d)(4)(A)(ii), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Provi- sions similar to those in former section 4605(j)(1) of title 50 can be found in section 4813(c)(1)(A) of title 50, as enacted by Pub. L. 115–232. AMENDMENTS 2024—Subsec. (d)(4)(A)(i), (ii). Pub. L. 118–47, § 7072(b)(1)(A), substituted ‘‘March 25 of fiscal year 2025’’ for ‘‘2023’’. Subsec. (d)(4)(B)(iii). Pub. L. 118–47, § 7072(b)(1)(B), substituted ‘‘2024 and March 25 of fiscal year 2025’’ for ‘‘2023’’. Subsec. (d)(5). Pub. L. 118–47, § 7072(b)(2), in introduc- tory provisions, substituted ‘‘2024 and for fiscal year 2025 through March 25 of such fiscal year’’ for ‘‘2023’’. 2018—Subsec. (d)(4)(A)(i). Pub. L. 115–305, § 3(1)(A)(i), substituted ‘‘fiscal years 2004 through 2023’’ for ‘‘fiscal years 2009 through 2018’’. Subsec. (d)(4)(A)(ii). Pub. L. 115–305, § 3(1)(A)(ii), sub- stituted ‘‘2023’’ for ‘‘2018’’. Subsec. (d)(4)(A)(vi). Pub. L. 115–305, § 3(1)(A)(iii), struck out cl. (vi) which read as follows: ‘‘For the pur- poses of clause (i), ‘funds contributed to the Global Fund from all sources’ means funds contributed to the Global Fund at any time during fiscal years 2009 through 2018 that are not contributed to fulfill a com- mitment made for a fiscal year before fiscal year 2009.’’ Subsec. (d)(4)(B)(ii). Pub. L. 115–305, § 3(1)(B)(i)–(iii), redesignated cl. (iii) as (ii), inserted ‘‘or section 2151b–3 or 2151b–4 of this title’’ after ‘‘section 2151b–2 of this title’’, struck out ‘‘for HIV/AIDS assistance’’ after ‘‘section 7671 of this title’’, and struck out former cl. (ii) which read as follows: ‘‘Any amount made available that is withheld by reason of subparagraph (A)(iii) shall be transferred to the Activities to Combat HIV/AIDS Globally Fund and shall remain available under the same terms and conditions as funds appropriated to carry out section 2151b–2 of this title for HIV/AIDS as- sistance.’’ Subsec. (d)(4)(B)(iii), (iv). Pub. L. 115–305, § 3(1)(B)(ii), (iv), redesignated cl. (iv) as (iii) and substituted ‘‘2023’’ for ‘‘2018’’. Former cl. (iii) redesignated (ii). Subsec. (d)(5). Pub. L. 115–305, § 3(2), substituted ‘‘2023’’ for ‘‘2018’’ in introductory provisions. 2013—Subsec. (d)(4)(A)(i). Pub. L. 113–56, § 4(a)(1)(A), substituted ‘‘2018’’ for ‘‘2013’’. Subsec. (d)(4)(A)(ii). Pub. L. 113–56, § 4(a)(1)(B), sub- stituted ‘‘2018’’ for ‘‘2013’’ and struck out at end ‘‘The President may waive the application of this clause with respect to assistance for Sudan that is overseen by the Southern Country Coordinating Mechanism, including Southern Sudan, Southern Kordofan, Blue Nile State, and Abyei, if the President determines that the na- tional interest or humanitarian reasons justify such a waiver. The President shall publish each waiver of this clause in the Federal Register and, not later than 15 days before the waiver takes effect, shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Rep- resentatives regarding the proposed waiver.’’ Subsec. (d)(4)(A)(vi). Pub. L. 113–56, § 4(a)(1)(C), sub- stituted ‘‘2018’’ for ‘‘2013’’. Subsec. (d)(4)(B). Pub. L. 113–56, § 4(a)(2)(A), struck out ‘‘under this subsection’’ after ‘‘amount made avail- able’’ in cls. (i) to (iv). Subsec. (d)(4)(B)(ii). Pub. L. 113–56, § 4(a)(2)(B), sub- stituted ‘‘to carry out section 2151b–2 of this title’’ for ‘‘pursuant to the authorization of appropriations under section 7671 of this title’’. Subsec. (d)(4)(B)(iv). Pub. L. 113–56, § 4(a)(2)(C), sub- stituted ‘‘2018’’ for ‘‘2013’’. Subsec. (d)(5). Pub. L. 113–56, § 4(b)(1)(A), substituted ‘‘2018’’ for ‘‘2013’’ in introductory provisions. Subsec. (d)(5)(C). Pub. L. 113–56, § 4(b)(1)(B)(i), inserted ‘‘in an open, machine readable format’’ after ‘‘site’’ in introductory provisions. Subsec. (d)(5)(C)(v). Pub. L. 113–56, § 4(b)(1)(B)(ii), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: ‘‘a regular collection and analysis of performance data and funding of grants of the Global Fund, which shall cover all principal recipients and all subrecipients;’’. Subsec. (d)(5)(D)(ii). Pub. L. 113–56, § 4(b)(1)(C), in- serted ‘‘, in an open, machine readable format,’’ after ‘‘audits’’. Subsec. (d)(5)(E). Pub. L. 113–56, § 4(b)(1)(D), inserted ‘‘, in an open, machine readable format,’’ after ‘‘pub- licly’’. Subsec. (d)(5)(F)(ii) to (iv). Pub. L. 113–56, § 4(b)(1)(E), added cls. (ii) to (iv) and struck out former cl. (ii) which read as follows: ‘‘the distribution of resources, by grant and principal recipient, for prevention, care, treatment, drugs and commodities purchase, and other purposes;’’. Subsec. (d)(5)(G). Pub. L. 113–56, § 4(b)(1)(F), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: ‘‘has established a policy on tariffs im- posed by national governments on all goods and serv- ices financed by the Global Fund;’’. 2008—Subsec. (a). Pub. L. 110–293, § 202(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) stated findings of Congress. Subsec. (b)(3). Pub. L. 110–293, § 202(b), added par. (3). Subsec. (d)(1). Pub. L. 110–293, § 202(c)(1), substituted ‘‘$2,000,000,000 for fiscal year 2009,’’ for ‘‘$1,000,000,000 for the period of fiscal year 2004 beginning on January 1, 2004’’ and ‘‘each of the fiscal years 2010 through 2013’’ for ‘‘the fiscal years 2005–2008’’. Subsec. (d)(4)(A)(i). Pub. L. 110–293, § 202(c)(2)(A)(i), substituted ‘‘fiscal years 2009 through 2013’’ for ‘‘fiscal years 2004 through 2008’’. Subsec. (d)(4)(A)(ii). Pub. L. 110–293, § 202(c)(2)(A)(ii), substituted ‘‘during any of the fiscal years 2009 through 2013’’ for ‘‘during any of the fiscal years 2004 through 2008’’ and inserted at end ‘‘The President may waive the application of this clause with respect to assistance for Sudan that is overseen by the Southern Country Co- ordinating Mechanism, including Southern Sudan, Southern Kordofan, Blue Nile State, and Abyei, if the President determines that the national interest or hu- manitarian reasons justify such a waiver. The Presi- dent shall publish each waiver of this clause in the Fed- eral Register and, not later than 15 days before the waiver takes effect, shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives re- garding the proposed waiver.’’ Subsec. (d)(4)(A)(vi). Pub. L. 110–293, § 202(c)(2)(A)(iii), substituted ‘‘For the purposes’’ for ‘‘for the purposes’’, ‘‘fiscal years 2009 through 2013’’ for ‘‘fiscal years 2004 through 2008’’, and ‘‘before fiscal year 2009’’ for ‘‘prior to fiscal year 2004’’. Subsec. (d)(4)(B)(iv). Pub. L. 110–293, § 202(c)(2)(B), sub- stituted ‘‘fiscal years 2009 through 2013’’ for ‘‘fiscal years 2004 through 2008’’. Page 1984 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7623 Subsec. (d)(4)(C)(ii). Pub. L. 110–293, § 202(c)(2)(C), sub- stituted ‘‘Committee on Foreign Affairs’’ for ‘‘Com- mittee on International Relations’’. Subsec. (d)(5), (6). Pub. L. 110–293, § 202(c)(3), added pars. (5) and (6). 2004—Subsec. (d)(4)(A)(vi). Pub. L. 108–199, § 595(1), added cl. (vi). Subsec. (d)(4)(B)(iv). Pub. L. 108–199, § 595(2), added cl. (iv). Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title, and Memorandum of President of Feb. 23, 2004, 69 F.R. 9509, set out as a note under section 7611 of this title. § 7623. Combating HIV/AIDS, tuberculosis, and malaria by strengthening health policies and health systems of partner countries (a) Statement of policy It shall be the policy of the United States Gov- ernment— (1) to invest appropriate resources author- ized under this chapter— (A) to carry out activities to strengthen HIV/AIDS, tuberculosis, and malaria health policies and health systems; and (B) to provide workforce training and ca- pacity-building consistent with the goals and objectives of this chapter; and (2) to support the development of a sound policy environment in partner countries to in- crease the ability of such countries— (A) to maximize utilization of health care resources from donor countries; (B) to increase national investments in health and education and maximize the ef- fectiveness of such investments; (C) to improve national HIV/AIDS, tuber- culosis, and malaria strategies; (D) to deliver evidence-based services in an effective and efficient manner; and (E) to reduce barriers that prevent recipi- ents of services from achieving maximum benefit from such services. (b) Assistance to improve public finance manage- ment systems (1) In general Consistent with the authority under section 2151aa of this title, the Secretary of the Treas- ury, acting through the head of the Office of Technical Assistance, is authorized to provide assistance for advisors and partner country fi- nance, health, and other relevant ministries to improve the effectiveness of public finance management systems in partner countries to enable such countries to receive funding to carry out programs to combat HIV/AIDS, tu- berculosis, and malaria and to manage such programs. (2) Authorization of appropriations Of the amounts authorized to be appro- priated under section 7671 of this title for HIV/ AIDS assistance, there are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary for each of the fiscal years 2009 through 2013 to carry out this subsection. (c) Plan required The Global AIDS Coordinator, in collaboration with the Administrator of the United States Agency for International Development (USAID), shall develop and implement a plan to combat HIV/AIDS by strengthening health policies and health systems of partner countries as part of USAID’s ‘‘Health Systems 2020’’ project. Recog- nizing that human and institutional capacity form the core of any health care system that can sustain the fight against HIV/AIDS, tuber- culosis, and malaria, the plan shall include a strategy to encourage postsecondary edu- cational institutions in partner countries, par- ticularly in Africa, in collaboration with United States postsecondary educational institutions, including historically black colleges and univer- sities, to develop such human and institutional capacity and in the process further build their capacity to sustain the fight against these dis- eases. (Pub. L. 108–25, title II, § 204 as added Pub. L. 110–293, title II, § 204(a), July 30, 2008, 122 Stat. 2942.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning Pub. L. 108–25, May 27, 2003, 117 Stat. 711, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of this title and Tables. § 7624. Facilitating vaccine development (a) Technical assistance for developing countries The Administrator of the United States Agen- cy for International Development, utilizing pub- lic-private partners, as appropriate, and working in coordination with other international devel- opment agencies, is authorized to strengthen the capacity of developing countries’ govern- mental institutions to— (1) collect evidence for informed decision- making and introduction of new vaccines, in- cluding potential HIV/AIDS, tuberculosis, and malaria vaccines, if such vaccines are deter- mined to be safe and effective; (2) review protocols for clinical trials and impact studies and improve the implementa- tion of clinical trials; and (3) ensure adequate supply chain and deliv- ery systems. (b) Advanced market commitments (1) Purpose The purpose of this subsection is to improve global health by requiring the United States